Brown v. Kolb
Superior Court of Pennsylvania
Appeal, No. 104, Oct. T., 1897, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1893, No. 537, M. L. D., on verdict for plaintiff. Sci. fa. sur mechanic’s lien. Before Fihletter, P. J. It appears from the record that this was an action of scire facias upon an apportioned mechanic’s claim filed against six adjoining houses on the north side of Scott street.
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Appeal, No. 104, Oct. T., 1897, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1893, No. 537, M. L. D., on verdict for plaintiff. Sci. fa. sur mechanic’s lien. Before Fihletter, P. J. It appears from the record that this was an action of scire facias upon an apportioned mechanic’s claim filed against six adjoining houses on the north side of Scott street. The defendant took a rule to show cause why the lien should not be stricken off, the court gave claimant leave to amend his bill of particulars and upon filing the amended bill of particulars, discharged the rule to strike…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff averred in his claim, that the work was done, and the materials ivere furnished, “within six months last past, to wit: between the 26th day of October, 1892, and the 28th day of August, 1893,” under a contract between him and Detrich, the general contractor, “ ratified and approved and confirmed by the said Louis J. Kolb, substituted trustee,” —who for present purposes may be treated as the owner — and “ at the instance and request of both of them.” The bill of particulars annexed to and made part of the claim contained a charge of $878 for “painting and…
2Cases cited21 opinions
- McFarland v. SchultzSupreme Court of Pennsylvania · 1895
- Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- Rush v. AbleSupreme Court of Pennsylvania · 1879
- Calhoun v. MahonSupreme Court of Pennsylvania · 1850
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3Cited by5 opinions
- Wadsworth v. Manufacturer's Water Co.Supreme Court of Pennsylvania · 1917
- Closser v. Township of WashingtonSuperior Court of Pennsylvania · 1899
- Mercer Milling & Lumber Co. v. KreapsSuperior Court of Pennsylvania · 1901
- Klein v. LevensonSuperior Court of Pennsylvania · 1912
- Mohnkern v. Pivirotto, Pennsylvania Court of Common Pleas, Centre County1933